Travis McEwen Group Pty Limited v Cameron Skene

Travis McEwen Group Pty Limited (the applicant) sought leave to appeal from an interlocutory judgment of the primary judge who refused to grant leave to amend the applicant's statement of claim to join Cameron Skene (the respondent) as a third party. The proposed amendment was sought on the 29th day of a 31-day hearing.

The central legal issue before the Court of Appeal was whether the primary judge had erred in exercising their discretion by refusing leave to amend the statement of claim to join the respondent as a third party, particularly given that the respondent had already settled claims against a fourth party. The court was required to consider whether the refusal of leave was manifestly unreasonable and constituted a miscarriage of discretion, taking into account considerations of actual and potential injustice to the applicant.

The Court of Appeal found that the primary judge's refusal to grant leave to amend was manifestly unreasonable and that the discretion had miscarried. The court reasoned that the applicant had demonstrated a real possibility of injustice if the amendment were not permitted, especially in light of the respondent's prior settlement with the fourth party. The court considered that the prejudice to the applicant outweighed any prejudice to the respondent.

Leave to appeal was granted, and the appeal was allowed.